Byrnes

Appellant Kim Byrnes appeals the portion of the trial court’s order denying attorneys’ fees. Cross-appellant Capistrano Unified School District (District) challenges the sufficiency of the evidence supporting the trial court’s order and argues it should not be required to retroactively reimburse Kim for tuition in a private school.

Kim Byrnes (age 20) is severely language handicapped. He has been enrolled in the Capistrano School District since he began school. In May 1981, Kim’s parents met with District representatives in an attempt to establish an individualized education program (IEP) acceptable to both Kim’s parents and the District. After unsuccessful mediation an administrative hearing was held to resolve their disagreement regarding Kim’s educational program. The hearing officer ordered Kim placed in a District special day class stressing vocational readiness and survival skills with students his own age, and with speech and language therapy provided at the discretion of the therapist. In addition, the hearing officer made the following “determinations”: (1) An expressive language goal is not an appropriate goal for petitioner; (2) the related services of speech…